Judge Pollard Ruling Foils Another Sale

District Judge Pollard Court Order Questioned By Spanish Court

23 August 2009

The Torrox Court in Andalucia has questioned the court order of an English judge because it is impossible to implement in Spain.  Spanish lawyer, Snr. Enrique Delgado Scharzmann explained that the Spanish judge simply cannot uphold the English court order because it is written in such vaque terms as to not have any relevance or legal standing in the Spanish court.

De Cotta Law or De Cotta McKenna & Santafé, representing Valerie C. Russell, the petitioner, applied to the Hastings County Court for the wording of the court order to be corrected without a hearing. The respondent in the case, Mr. Kirwan, also applied to have the court order corrected by Hastings County Court in order to sell his property and honour the court order. So far the application has been unsuccessful. So why has the correction not been done?

District Judge Pollard as he is now, is no longer dealing with the case; that task has fallen to Judge Guinan. After reading the respondent’s application she requested a letter be sent to Jon Sutton, partner of De Cotta Law.  This may seem rather strange when both parties want the same thing but that is the fact of the matter.

However, the solicitor has shown reluctance or at the very least sluggishness in replying. He has failed to answer the letter sent out by Hastings Couty Court enquiring into their agreement of something they have petitioned the court to do. This may be surprising to the casual reader of this blog but regulars know better.

The lack of response has caused another sale (the fifth) to be lost by the respondent and seems typical of the cat and mouse games De Cotta Law appear to be enjoying. By using a highly suspicious mistranslated version of the court order, making their third appeal against a Spanish court ruling (this time in England) and therefore moving the playing field back to England these carefully engineered moves by the Goliath of expatriot law firms in Spain seem intent on squashing poor David.

A hearing in Hastings County Court has been set for the 16th September 2009. Once again Mr. Kirwan, as things stand at present will have no legal represtation in England. Is there a Law Firm in England prepared to take this on?

District Judge Pollard made an impossible court order and must surely bear the responsibility of his actions. Time will tell whether restitution will be made to the respondent for the damage, stress and finacial loss suffered by this man’s action.

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De Cotta McKenna & Santafé 4th Anniversary

De Cotta McKenna & Santafé Appeal One Case in Two Courts in Two Countries at One Time

5 August 2009

Case No. HS03D00476 in the County Court of Hastings, England rumbles on. So does the same case in Malaga, Spain. De Cotta McKenna & Santafé are the well known  law firm in Spain who are bringing the case to Court or should that be bringing these cases to Courts?

The company are well aware that they have acted illegally to enforce a mis-translated English Court Order since August 5th 2005 on behalf of their client Valerie Celia Russell. They are also aware they were denied that miscarriage of justice on 21st January and again at appeal in March of this year in Torrox Court in Spain.

Appeal number 2 is lodged with the High Court in Malaga, Spain while appeal number 3 is due for a hearing on 16th September in Hastings, England. Which Court will have the authority over the other? Which decision will Jon Sutton, the partner of De Cotta McKenna & Santafé conducting the case in England decide to act upon?

Indeed, is this  legal?

Were this not such a serious matter one could almost laugh at the antics which are reminiscent of spoilt children running between their parents until they get what they want.

Meanwhile, the English Court Order could have been honoured on a number of occasions and still can be as I write but for the careless and incorrect wording of the original Court Order laid down by District Judge Pollard (then Deputy). Edward Kirwan, the respondent, has buyers for the property which will allow him to honour the Court Order yet both De Cotta McKenna & Santafé and the wording of the Hastings Court Order are denying him that privilege.

On this 4th anniversary of Jon Sutton’s mystic reading of the translated Court Order, (see this post) let me leave you with this thought…

De Cotta McKenna & Santafé – Appealing or Appalling?

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English Lawyer in Spain Seeks Legal Advice

Paula Basham Seeks Legal Advice

5 August 2009

Aplogies to all Injustice in Europe readers as it has been somewhat hectic lately and the e-mail box was inaccessable for a while. There have been several comments but perhaps this was the most interesting of all. It came in on the 23rd January 2009.

“Your web site has been brought to my attention, I will be taking the advice of my lawyers re the content of this page referring to a Miss Jensen who apparently was employed by the company Axar Properties.”

Paula Basham

We are not surprised that this site was brought to Paula Basham’s attention. Have you tried to Google Axar Property or Axar Properties lately?

Injustice in Europe would like to point out to Paula Basham that Ms. Jensen was NOT “apparently” employed by the company Axar Properties, she WAS employed by Axar Properties.  You were her boss, you hired her and you fired her. You, as her boss were twice found liable in Malaga Court, once for wrongful dismissal of a pregnant woman, namely Ms. Jensen and you have not yet paid either of the fines that you were given.

Injustice in Europe, however, will happily remove and apologize for any factual errors should Paula Basham care to point them out.

Moving on…Axar Properties is no longer called Axar Properties but has cunningly changed the name to Axar Property. We would not want  you,  the readers, to be fooled or indeed confused between the two. Perhaps the Tax Department or the Social Security Department will be for a while but not the readers of Injustice in Europe.

Axar Property is owned by Paula Basham, as was Axar Properties S.L. The website has the same format as Axar Properties it even has many of the same properties on their website for sale as when Ms. Jensen worked there.

I wonder if she is missed.

Please remember, there is a comments box below where you or Paula Basham and her  supporters can leave  remarks for others to see.

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